JUDGMENT :

Shree Chandrashekhar, J.

Obhi Namta, Kajal Bhuiyan, Bishu Namata, Puntullu Bhumij and Anil Bhumij were tried together in Sessions Trial No. 330 of 2002 for committing murder of Anil Gopc in furtherance of common intention. They are convicted and sentenced to RI for life under section 302 of the Indian Penal Code.

2. Nuni Gope who is the mother of Anil Gopc gave her fardbeyan to the officer in charge of Mango PS that Obhi Namta, Kajal Bhuiyan, Bishu Namata, Puntullu Bhumij and Anil Bhumij trapped her son in the bylane near the house of Puntullu Bhumij and attacked him with knife and bhujali. She attempted to save her son but Puntullu Bhumij and Kajal Bhuiyan threatened her and when she raised hulla (Bachao Bachao) the accused fled away to the riverside. Anil Gope was brought home but before he could be taken to the hospital succumbed to the injuries. Mango PS Case No. 239 of 2002 was registered on 26th August 2002 under section 302/34 of the Indian Penal Code and statements of the family members of Anil Gope were recorded by the investigating officer on the same day. Dr. Yogendra Nath who conducted the autopsy found two stab wounds and two defence cuts on the dead body of Anil Gope. The investigating officer could not find crime weapons in the house of accused persons when he conducted raids the next day, and did not collect bloodstained soil and clothes of Anil Gope for FSL report. He completed investigation in the case in one month and laid a charge-sheet on 30th September 2002 against all five accused. On 01st August 2003, a common charge was framed under section 302/34 of the Indian Penal Code which all of them denied and claimed trial.

3. Thirteen witnesses were called by the prosecution to prove the charge of murder against the appellants. Except PW12 who conducted the postmortem examination and PW13 who is the investigating officer, other material witnesses are family members or close relatives of the deceased. PW1 Karuna Namata, PW2 Kallu Namata and PW3 Sanju Namata who are the co-villagers and independent witnesses gave a jolt to the prosecution in the Court and they were declared hostile. They were cross-examined by the prosecution with permission of the Court but did not admit any part of their statements made before the investigating officer.

4. The prosecution evidence is discussed by the learned trial Judge in paragraph no. 18 of the judgment in the following manner :

“18. As discussed above it comes out from the evidence available on record that PW No. 4 Nuni Cope. PW No. 5 Shambhu Gope, PW No. 6 Lalla Gope. PW No. 7 Sunil Gope. PW No. 8 Bulmani Gope. PW9 Mangli Gope. PW No. 10 as well as PW No. 11 Sudhir Gope all are related witnesses of the deceased and the circumstance revolving around the occurrence is that prior to three to four days of the occurrence Anil Gope (now decca.sed) sat with the accused persons for taking wine and a hot discussion took place in between accused persons and Anil Gope and the effect of that hot discussion was that prior to one day of the occurrence the accused persons came to the house of Anil Gope, deceased, abused Anil Gope and due to the intervention of the local people accused persons fled away by saying that Anil Gope has to face the consequence and immediately on the next day the accused persons committed assault on Anil Gope in the broad day light leading to his death and the occurrence was witnessed by the close relatives i.e. mother, brother, bhabhi and wife etc. and it is natural course of conduct. It is also the evidence of PW Nos. 4 and 5 that when the informant, mother of the injured And Gope, went to save her son the accused persons pushed her to fell down and she was not allowed to save her son Anil Gope. Now the witnesses are saying on oath in Court that injured was assaulted on the stomach and near the thigh by sharp cutting weapon. The medical evidence also says that two stab wounds were found on the person of the deceased one cut of right kidney and second the